609.33 DISORDERLY HOUSE. Subdivision 1. Definition. For the purpose of this section, "disorderly house" means a
building, dwelling, place, establishment, or premises in which actions or conduct habitually
occur in violation of laws relating to:
(1) the sale of intoxicating liquor or 3.2 percent malt liquor;
(2) gambling;
(3) prostitution as defined in section
609.321, subdivision 9, or acts relating to prostitution; or
(4) the sale or possession of controlled substances as defined in section
152.01, subdivision 4.
Subd. 2. Prohibiting owning or operating a disorderly house. No person may own, lease,
operate, manage, maintain, or conduct a disorderly house, or invite or attempt to invite others to
visit or remain in the disorderly house. A violation of this subdivision is a gross misdemeanor. Subd. 3. Mandatory minimum penalties. (a) If a person is convicted of a first violation of
subdivision 2, in addition to any sentence of imprisonment authorized by subdivision 2 which the
court may impose, the court shall impose a fine of not less than $300 nor more than $3,000.
(b) If a person is convicted of a second violation of subdivision 2, in addition to any sentence
of imprisonment authorized by subdivision 2 which the court may impose, the court shall impose
a fine of not less than $500 nor more than $3,000.
(c) If a person is convicted of a third or subsequent violation of subdivision 2, in addition to
any sentence of imprisonment authorized by subdivision 2 which the court may impose, the court
shall impose a fine of not less than $1,000 nor more than $3,000. Subd. 4. Evidence. Evidence of unlawful sales of intoxicating liquor or 3.2 percent malt
liquor, of unlawful possession or sale of controlled substances, of prostitution or acts relating to
prostitution, or of gambling or acts relating to gambling, is prima facie evidence of the existence
of a disorderly house. Evidence of sales of intoxicating liquor or 3.2 percent malt liquor between
the hours of 1:00 a.m. and 8:00 a.m., while a person is within a disorderly house, is prima facie
evidence that the person knew it to be a disorderly house. Subd. 5. Local regulation. Subdivisions 1 to 4 do not prohibit or restrict a local
governmental unit from imposing more restrictive provisions. Subd. 6. Pretrial release. When a person is charged under this section with owning or
leasing a disorderly house, the court may require as a condition of pretrial release that the
defendant bring an eviction action against a lessee who has violated the covenant not to allow
drugs established by section
504B.171.
History: 1967 c 507 s 10; 1984 c 628 art 3 s 11; 1985 c 277 s 1; 1989 c 77 s 1; 1991 c 193 s
3; 1991 c 249 s 31; 1999 c 199 art 2 s 33; 2003 c 2 art 2 s 18